INTELLECTUAL PROPERTY & TECHNOLOGY

OVERVIEW

Ideas, brands, technology, and creative assets are increasingly central to the value of modern businesses. Peck Baxter's Intellectual Property & Technology practice helps businesses, entrepreneurs, creators, and investors identify, protect, commercialize, and enforce those assets.

Our attorneys advise clients throughout the intellectual property lifecycle—from developing an initial protection strategy and securing intellectual property rights through licensing, commercialization, brand expansion, enforcement, and litigation. We also counsel companies navigating rapidly evolving technologies, including artificial intelligence, software, digital platforms, data, and other technology-driven business models.

Because intellectual property rarely exists independently from the business that created it, our IP attorneys work closely with Peck Baxter's corporate, transactional, employment, real estate, and litigation practices. That integrated approach allows us to consider intellectual property not simply as a legal right to be registered or defended, but as a business asset that can be developed, licensed, financed, acquired, sold, and used to create long-term enterprise value.

Trademarks & Brand Protection

Peck Baxter advises businesses at every stage of developing and protecting their brands. Our trademark practice includes trademark clearance, registration, portfolio management, licensing, monitoring, enforcement, and litigation.

We work with established companies, emerging businesses, entrepreneurs, and brand owners to develop trademark strategies aligned with their commercial objectives. For companies with growing portfolios, we help establish consistent approaches to registration, renewal, licensing, enforcement, and expansion into new products and markets.

When trademark rights are challenged, Peck Baxter represents clients in infringement disputes, opposition and cancellation proceedings, trade dress matters, unfair competition claims, cybersquatting disputes, and other proceedings involving brand rights.

Our objective is not merely to register trademarks. It is to help clients build and protect brands that become valuable business assets.

Trademark Litigation & Enforcement

Peck Baxter prosecutes and defends trademark and brand-related disputes involving infringement, trade dress, unfair competition, false designation of origin, counterfeiting, and other claims arising under the Lanham Act and related laws.

Our intellectual property practice benefits from the firm's substantial litigation and trial experience. When enforcement becomes necessary, our clients do not have to transition their intellectual property strategy to a separate litigation team unfamiliar with their business or brand.

We assist clients from early investigation and cease-and-desist correspondence through emergency injunctive relief, discovery, trial, and appeal. We also represent clients in trademark opposition and cancellation proceedings before the U.S. Trademark Trial and Appeal Board.

Copyrights, Trade Secrets & Proprietary Information

Intellectual property protection extends beyond trademarks. Peck Baxter advises clients regarding copyrights, trade secrets, confidential information, proprietary business processes, and other valuable intangible assets.

We help companies identify information that should be protected and develop contractual and operational strategies for maintaining that protection, including confidentiality agreements, intellectual property ownership provisions, restrictive covenants, licensing arrangements, and policies governing employees, contractors, and business partners.

When proprietary information is misappropriated or intellectual property rights are infringed, our attorneys are prepared to pursue appropriate enforcement and litigation strategies.

Licensing & Commercialization

Intellectual property creates value when it can be successfully commercialized.

Peck Baxter represents licensors and licensees in transactions involving trademarks, copyrights, software, technology, content, know-how, and other intellectual property. Our attorneys structure and negotiate licensing arrangements, strategic collaborations, co-branding relationships, sponsorships, endorsements, distribution arrangements, and other transactions involving the commercial use of intellectual property.

We focus not only on ownership and legal protections, but also on economics, exclusivity, quality control, termination rights, future development, and the practical operation of the relationship.

For companies acquiring, selling, financing, or investing in businesses with significant intellectual property assets, we also assist with intellectual property due diligence, ownership analysis, assignments, and transaction structuring.

Technology Transactions

Peck Baxter advises technology companies and businesses that develop, acquire, license, or rely upon technology in their operations.

Our attorneys assist with software licensing, SaaS and cloud-service agreements, technology development agreements, vendor and customer contracts, intellectual property ownership, data-related provisions, confidentiality, commercialization arrangements, and other technology transactions.

Technology agreements frequently involve issues extending beyond traditional contract law. Intellectual property ownership, cybersecurity, data use, regulatory requirements, indemnification, limitation of liability, and rapidly changing technology can all materially affect the allocation of risk. We help clients understand those issues and negotiate agreements that support their broader business objectives.

Artificial Intelligence & Emerging Technology

Artificial intelligence is creating new opportunities while raising increasingly complex questions involving intellectual property, contracts, data, privacy, employment, and corporate risk.

Peck Baxter counsels businesses regarding the adoption, development, and commercial use of artificial intelligence and other emerging technologies. We help clients evaluate issues involving ownership of AI-assisted content, use of proprietary or third-party information, vendor agreements, internal AI policies, intellectual property protection, licensing, and the allocation of risk associated with AI systems.

As the legal environment surrounding artificial intelligence continues to develop, we help clients evaluate emerging risks without losing sight of the commercial opportunities these technologies create.

IP Strategy & Portfolio Management

For businesses with significant intellectual property, individual registrations and agreements should form part of a broader strategy.

Peck Baxter works with clients to identify their most valuable intellectual property, evaluate gaps in protection, prioritize registrations and enforcement, structure ownership, and develop portfolios aligned with the company's growth strategy.

As businesses expand, we can help coordinate intellectual property issues arising from new products, geographic expansion, acquisitions, licensing relationships, investment transactions, and eventual exits.

This strategic approach is particularly valuable for emerging and middle-market companies whose intellectual property may represent a significant portion of their enterprise value.

Our Approach

We believe effective intellectual property counsel begins with understanding the business behind the intellectual property.

A trademark matters because of the reputation and goodwill it represents. Technology matters because of the products, efficiencies, and competitive advantages it creates. A trade secret matters because competitors do not have it. A license matters because it allows intellectual property to generate value beyond its original owner.

Our attorneys therefore approach intellectual property and technology matters from both a legal and commercial perspective. We help clients determine what should be protected, how it should be protected, how those rights can be used to create value, and when they should be enforced.

And when a client's intellectual property becomes the subject of a significant dispute, Peck Baxter brings the firm's litigation and trial capabilities directly to the problem.

From protecting a new idea or emerging brand to managing sophisticated intellectual property portfolios and litigating high-stakes disputes, Peck Baxter helps clients protect the assets that distinguish their businesses—and turn innovation into enduring value.

EXPERIENCE & SERVICES

RELATED SERVICES

Artificial Intelligence

Copyright Litigation

Intellectual Property

Intellectual Property Counseling & Prosecution

IP, Software

Patent Litigation

Software Development & Technology Disputes

Tech M&A

Technology & IP Transactions

Technology Collaborations

Trade Secrets

Trademark Litigation

Trademark & Brand Management

PEOPLE

PARTNER

DANIEL K. WATKINS

Logan, UT +1 435-787-9700

dwatkins@peckbaxter.com

ASSOCIATE

MICHAEL D. JEWELL

Logan, UT +1 435-787-9700

mjewell@peckbaxter.com

RELATED News & INSIGHTS

INSIGHTS

Beyond Registration: The Changing Landscape of Trademark Registration

NEWS

Van Leeuwan Ice Cream v. Rebel Creamery $24M Trade Dress Litigation

STAY UP TO DATE

SCHEDULE A CONSULT

If you're interested in working with us, complete the form with a few details about your project. We'll review your message and get back to you as soon as possible.